Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48413 of 2018 Arising Out of PS.Case No. -187 Year- 2018 Thana -BYPASS District- PATNA ====================================================== Uday Yadav, S/o. Late Asharfi Rai, Resident of Village- Virpur, Police Station- Raghopur, District- Vaishali. At present residing Umesh Rai S/o. Jhagru Rai, Village- Sabalpur, P.S.- Nadi Thana, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

61 liters of country made liquor is said to have been recovered from the motorcycle and petitioner was apprehended driving the said motorcycle.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place

Patna High Court Cr.Misc. No.48413 of 2018 (2) dt.08-08-2018 2/2 of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. He has no criminal antecedent and has been languishing in custody since 24.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Patna in connection with Special Case No. 5734 of 2018 (arising out of Bypass P.S. Case No. 187 of 2018). (Prakash Chandra Jaiswal, J) Kr. Uday/- U T